California Eviction Notice Requirements
California's unlawful detainer law, Code of Civil Procedure § 1161, requires a three-day notice to pay rent or quit, and a three-day notice to perform or quit for a curable lease violation. These three days don't count Saturdays, Sundays or judicial holidays. To end a month-to-month tenancy, a landlord generally gives 30 days' notice if the tenant has lived there under a year, or 60 days after a year, under Civil Code § 1946.1.
Many tenancies are also covered by the Tenant Protection Act, Civil Code § 1946.2, which requires just cause to end a tenancy after 12 months, and many cities and counties have stricter rent and eviction ordinances. A pay-or-quit notice must state the exact rent owed and the name, phone number and address of the person to pay, along with how payment can be made. An adult must serve it personally, by leaving it with another adult and mailing a copy, or by posting and mailing.
If the tenant doesn't pay, cure or move out, the landlord files an unlawful detainer case in superior court. A tenant who is handed the court papers usually has 10 court days to respond, and only a sheriff can carry out a lockout after judgment. California prohibits landlords from changing locks, removing doors, windows or belongings, or shutting off utilities to force a tenant out, and a landlord who does so can owe up to $100 a day in penalties under Civil Code § 789.3.
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California: common questions
Do weekends count in a California 3-day notice?
No. The three-day period for a notice to pay rent or quit, or to perform or quit, excludes Saturdays, Sundays and judicial holidays. A notice handed to the tenant on a Thursday may not expire until the end of the following Tuesday, so count carefully before filing. A filing that comes too early can be dismissed.
Does California require just cause to evict?
For many tenancies, yes. The Tenant Protection Act requires just cause once a tenant has lived in the unit for 12 months, with some exemptions. No-fault terminations, such as an owner move-in, require relocation assistance equal to one month's rent or a waiver of the last month's rent. Many cities and counties have stricter local rules.
How much notice ends a California month-to-month tenancy?
Generally 30 days if the tenant has lived there less than a year, and 60 days if the tenant has lived there a year or more. Just-cause rules and local ordinances may also require a stated reason and additional protections, so check both state and city rules before you serve notice.
Can a California landlord include late fees in a 3-day notice?
No. A notice to pay rent or quit should demand only the rent actually owed, not late fees, utilities, damages or other charges. A notice with mistakes or missing information can make the landlord lose the case and have to start over with a new notice.
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